SZTER v Minister for Immigration & Border Protection

[2014] FCCA 921

FEDERAL CIRCUIT COURT OF AUSTRALIA

SZTER v MINISTER FOR IMMIGRATION & BORDER PROTECTION & ANOR [2014] FCCA 921

Catchwords:
MIGRATION

PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation: 

Federal Circuit Court Rules 2001 (Cth) r.13.03C(1)(c)

Applicant: SZTER

First Respondent: MINISTER FOR IMMIGRATION & BORDER PROTECTION

Second Respondent: REFUGEE REVIEW TRIBUNAL

File Number: SYG 1921 of 2013

Judgment of: Judge Emmett

Hearing date: 7 May 2014

Date of Last Submission: 7 May 2014

Delivered at: Sydney

Delivered on: 7 May 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Solicitors for the Respondent: Mr Sharpe
(Sparke Helmore)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1921 of 2013

SZTER

Applicant

And

MINISTER FOR IMMIGRATION & BORDER PROTECTION

First Respondent

REFUGEE REVIEW TRIBUNAL

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The first respondent seeks an order that the proceeding before this Court, commenced by way of application filed on 19 August 2013, be dismissed, pursuant to r.13.03C(1)(c) of the Federal Circuit Rules 2001 (Cth) (“the Rules”), by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. The applicant’s application seeking judicial review of a decision of the Refugee Review Tribunal, dated 15 July 2013, was filed on 19 August 2013 and appears to be signed by the applicant. The application clearly states the time, date and location of today’s hearing and also informs the applicant that orders may be made against her if she fails to attend. 

3. In support of the application to have the matter dismissed, the solicitor for the first respondent, Mr Sharpe, read the affidavit of Liam Dennis, affirmed and filed 30 April 2014. Mr Dennis annexed to his affidavit copies of two screenshots from the internal database of the Department of Immigration and Border Protection relating to the applicant. The first screenshot indicates that the applicant’s visa ceased on 27 December 2014. The second screenshot displays movement records for the applicant. 

4. Based on the evidence before me, I am satisfied that the applicant departed Australia on 27 December 2014 at 7.54pm. 

5. I note that the applicant attended a directions hearing before me on 8 November 2013. On that occasion, the applicant was given leave to file and serve an amended application, and directed to file and serve any additional evidence and submissions in support of her application. However, I note that there has been no document filed by or on behalf of the applicant, either in accordance with those directions or otherwise. The matter was set down for hearing today at 10.15am. 

6. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing, however, for whatever reason, has chosen not to attend. 

7. Accordingly, the orders sought by the first respondent are appropriate, and the proceeding before this court commenced by way of application and filed on 19 August 2013 should be dismissed with costs, pursuant to r.13.03C(1)(c) of the Rules.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Emmett.

Associate: 

Date:  15 May 2014